DOJ opens investigation into law requiring clergy to report confessions

The Department of Justice is opening a civil rights investigation into a new law recently signed by Governor Bob Ferguson in Washington state

The measure, Senate Bill 5, 375, puts members of the clergy on a list, which also includes law enforcement officers, medical examiners, social service counselors, child care providers and nurses, among other professionals

to report child abuse and child sex crimes to authorities, even if the information is given during a confessional setting

In the Catholic Church, confession is a sacrament in which a member of the church confesses their sins to a priest

That priest can never reveal that person's sins, as it's protected by the seal of confession

Even if a person confesses a crime, the priest cannot report it

The priest may urge the person to turn themselves in. However, the priest cannot break the seal

If the priest breaks the seal, he could be excommunicated from the church

Seattle Archbishop Paul Etienne says the church's policies already require clergy members to be mandatory reporters if the information is not given during confessional

Catholic clergy may not violate the seal of confession or they will be excommunicated from the church

All Catholics must know and be assured that their confessions remain sacred secure confidential and protected by the law of the church Archbishop Etienne said in a statement Spokane Bishop Thomas Daly also reiterated the church stance saying clergy members are committed to keeping the seal of confession even to the point of going to jail

Washington State Senator Noelle Frame introduced the legislation. When it passed, the Senate, she said, it's long past time that the legislature steps up

closes this loophole, and protects children. I know this is a tough subject for many of my colleagues

especially those with deep religious views. I respect that, but this bill is about the separation of church and state

This bill is about the state's secular responsibility to the public interest of protecting children

That's the most important thing we do here. The DOJ says the new law appears on its face to violate the First Amendment

SB 5375 demands that Catholic priests violate their deeply held faith in order to obey the law, a violation of the Constitution

and a breach of the free exercise of religion cannot stand under our constitutional system of government

Assistant Attorney General Harmeet Dillon of the Justice Department's Civil Rights Division said in a statement

In Washington state, this law is set to take effect in July. A violation of this law is classified as a gross misdemeanor

which is punishable by up to one year in jail and a fine of up to $5,000

For Straight Arrow News, I'm Lauren Keenan. For more on this story, download the Straight Arrow News app or visit SAN.com